Legal Question in Civil Litigation in Texas
Roofer damaged air conditioner freon line
Due to hail damage, my insurance company paid to replace the roof on my house. During replacement, the roofer fired a nail into the roof decking that penetrated an air conditioner freon line in the attic. It cost $451 to repair the problem.
My roofer claims he is not responsible for the repair since the freon line should not, by code standards, have been that close to the decking. My insurance company refuses to pay because the damage was not actually caused by the hailstorm; my argument that the roofers would not be there to cause the damage if not for the hailstorm was rejected by them.
Who should pay for this damage?
2 Answers from Attorneys
Re: Roofer damaged air conditioner freon line
If the freon line was installed to code, then the roofer is responsible. If the line was not installed to code, then the AC installer who put the line in initially is responsible.
Re: Roofer damaged air conditioner freon line
I agree with Mr. Bradie's reply. You should check your insurance policy to see if another new claim can be submitted for damage cause by another incident (conduct of other parties). If it is covered, your claim would be subject to another deductible, and the insurance company would have a subrogation claim against the responsible party. However, if the construction was not built according to code, I feel certain that another claim for the freon damage is not covered.
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